Topic
Claims
Why ridesharing makes motor vehicle accident claims more complex
June 21, 2021 by Greg MeckbachInspecting the accident scene early and downloading black box data are among the tactics insurance lawyers use to defend ride share tort claims, lawyers suggested to A.M. Best Company Inc. “Rideshare cases often involve multiple parties and different causes of…
Why liability insurance did not cover the defence of a remediation order
June 18, 2021 by Greg MeckbachAn eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question…
Canadian P&C industry’s financial results take a turn for the better
June 18, 2021 by David GambrillCanada’s property and casualty insurance industry reported a much sunnier financial picture in 2021 Q1 than it did during the same time last year, according to a recent quarterly report by the Property and Casualty Insurance Compensation Corporation (PACICC). Financial…
A plaintiff suffered a concussion a year before the accident – how this should affect loss of income award
June 17, 2021 by Greg MeckbachThe Court of Appeal for British Columbia has doubled a tort award, for loss of future earning capacity, for a motor vehicle accident victim who had suffered several concussions before he badly injured his head in a rear-end collision. On…
Progress report: Canada-wide flood mapping is well underway
June 16, 2021 by Greg MeckbachA nationwide estimate of coastal, pluvial, and fluvial flood hazard is one part of the ongoing effort to come up with a national approach to insuring or re-locating homes at high risk of flood, a federal government official suggests. Flood…
A home under renovation isn’t necessarily “under construction:” Appeal Court
June 15, 2021 by David GambrillA home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as…
Restoration firms beware: Did clients authorize payment for your work?
June 14, 2021 by David GambrillA recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water…
Estimator’s COVID dilemma: Photos of auto damage not enough, in-person visit not allowed
June 11, 2021 by David GambrillIt’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown…
Where Canada sits with national low-cost residential flood insurance
June 10, 2021 by Greg MeckbachSix possible flood insurance models for homes at high risk of flood are about to go through an actuarial review, a federal government official suggests. The Task Force on Flood Insurance and Relocation is going to hand off those possible…
Forget data: The case for going with your gut instinct
June 8, 2021 by David GambrillData analysis may be held up as the gold standard for making sound business decisions. But a recent study suggests gut instinct — when backed up by simple decision aids — may actually be better in situations of high uncertainty.…
In pollution claim, ‘sudden’ could mean several months, court finds
June 8, 2021 by Greg MeckbachInsurance coverage for a “sudden and accidental” release of diesel fuel can include a discharge that continued over several months, the Nova Scotia Court of Appeal has ruled in a commercial coverage dispute. As a result of Zurich Insurance Company…
Tribunal sides with Intact in home insurance co-payment spat
June 3, 2021 by David GambrillA B.C. homeowner who is listed along with a second person on his home insurance policy has lost his bid to have Intact issue him a payment directly for his own personal items damaged in a flood, instead of issuing…